Damakant Jayshi

The Wausau Ethics Board on Monday issued a scathing rebuke of Alder Debra Ryan, concluding that her actions related to Marathon County Supervisor William Harris were “repugnant”and “reckless” but did not violate the city’s Code of Ethics as currently written.

As a result, the group dismissed Harris’ complaint against Ryan, who has denied any ethics code violation related to her behavior.

Sharing its findings of facts and conclusions of law after a closed session, the Ethics Board noted that in analyzing the code that Ryan was accused of violating, the group was required to rely on specific provisions to control its decision. But Wausau’s code lacks the specific provisions that would have been necessary to censure Ryan, even if the group disapproved of her behavior.

Attorney Ted Waskowski, Madison, was asked to assist the Board because the city attorney is mentioned in the complaint.

“The Ethics Board also recognizes that the code allows it to take a punitive action,” the conclusion states, but “Wisconsin law requires that it be interpreted narrowly.”

“Finally, the Ethics Board recognizes that a Wisconsin city can only act through the vote of its City Council,” the conclusion reads. “With these principles in mind, the Ethics Board finds that Alderperson Ryan’s actions and statements were repugnant and contrary to the Declaration of Policy, but do not violate [city ordinance] as she was not authorized by the City Council to make those statements and take the actions that she did. As such, the Ethics Board concludes that Alderperson Ryan did not violate the City’s Code of Ethics as it is currently written.”

The conclusion was read aloud by Board member Robyn DeVos.

The Board on Monday formalized a March 14 decision when the group condemned Ryan’s conduct but dismissed the ethics complaint filed against her. 

Harris, who represents Dist. 3 on the Marathon County Board of Supervisors, filed the complaint on Dec. 7, four months after he sent a letter to Ryan asking her to apologize for trying to interfere with his employment and making untrue statements about him. According to Harris, Ryan accused him of inappropriately offering legal advice to Mayor Katie Rosenberg during the debate over the city’s “Community for All” diversity resolution and obstructed City Attorney Anne Jacobson. The Wausau City Council on Aug. 10 passed the resolution, renamed ‘We Are Wausau,’ after months-long passionate debates by city leaders and members of the community. Harris was a strong supporter of the resolution, a measure critics saw as divisive.

Harris is running for Circuit Court Branch 2 judgeship. Ricky Cveykus is also running for the judgeship.

Before reading the conclusions of law, member DeVos read the findings of facts in which the group found the allegations in Harris’ complaint to be demonstrably true. The group found that Ryan attempted to interfere with Harris’ employment, threatened the employment of the executive director of Wisconsin Judicare, Inc., the firm where Harris is employed, and that she at least strongly implied that the county supervisor was operating improperly in his practice of law and in his contact with the Mayor Rosenberg. 

“The Ethics Board finds that Alder Ryan’s statements and actions were reckless, intentional, reprehensible and violated the public trust that Chapter 2.03 (of the Code of Ethics) was designed to promote,” the Ethics Board said.

The Board says its investigation revealed stark deficiencies in the city’s ethics code, rules that the Board members suggested were inadequate to deal with the conduct under review. The group will now make recommendations for changes to City Attorney Jacobson, who will forward them to the City Council after review.

Board member Calvin Dexter, who had recused himself from the investigation because of his past association with Harris, said the people of Wausau expect those serving city government to hold themselves accountable to ethical standards. The Ethics Board is required to investigate complaints about behavior by city officials.

Dexter objected to Ryan’s March 8 statement, as reported by Wausau Pilot & Review, in which she accused Mayor Rosenberg of plotting to defeat her in the April 5 local elections.

Ryan also accused the mayor of hand-picking the members of the Ethics Board “who will act as prosecuters (sic), judges and jurors in Ryan’s case.” 

Dexter pointed out, correctly, it is the mayor who makes such appointments and those are confirmed by the City Council. Records show that all current members of the Ethics Board were unanimously confirmed by the 11-member council. Ryan had voted to approve Dexter as well as the current acting chair, Doug Hosler, last year. She also voted to approve DeVos, Brian Mason and Mary Thao on Aug. 12, 2020. Thao resigned from the board on Dec. 16.

The City Council added an alternate member, Kay Palmer, to the Ethics Board, last month. That appointment was confirmed 10-0, with Ryan abstaining.